Patna High CourtCR. MISC./43981/2023bail granted

Viklesh Chaudhary @ Mithlesh Chaudhary @ Khorana v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43981 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== VIKLESH CHAUDHARY @ MITHLESH CHAUDHARY @ KHORANA Son of Bablu Chaudhary @ Bangali Pasi Resident of village - Berkap, P.S. - Darihat, Distt. - Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Karakat P.S. Case No. 158 of 2022 dated 30.08.2022 registered for the offences punishable u/ss 307, 379 of the Indian Penal Code and u/s 27 of the Arms Act.

4. As per the prosecution case, two unknown miscreants entered the jewellery shop of the informant and looted the jewellery worth of Rs. 15,00,000/- which was kept in a bag of the informant.

Patna High Court CR. MISC. No.43981 of 2023(2) dt.25-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 158 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T